Chapter 4 turns to an elucidation of a plaintiffs pleading burden in alledging a public nuisance claim. In modern 20th century jurisprudence, as defined by the ALI Restatement (Second) of Torts, a public nuisance claim involves four elements that a plaintiff must prove: (1) the defendants affirmative conduct (2) caused an unreasonabel interference (3) with a right common to the general public (4) this is abatable. The ALI Restatement (Second) public nuisance elements are derived from the common law extant at the time of drafting the restatement. Many states have codified these elements, or similar elements, in thier general public nuisance statutes. This chpater examines the competing ways in which courts have interprtede these elemts, particularly what constitutes a commonly held publci rigt. Courts also have diagreed concerning what constitutes an unreasonable interference with a public right. The chapter concludes with an exploration of of the judicial trend towards greater flexibility in defining public nusiance more expansively than the common law doctrine and statutory interpretations.

Chapter 6 focuses on special treatment stigma—the stigma that accompanies the need for any modifications in the workplace. First, I present evidence that employers are reluctant to accommodate workers regardless of whether the accommodation is needed because of a disability, pregnancy, or caregiving responsibilities. Second, I describe what happens when employers do accommodate workers—both in terms of what workplace consequences flow from those accommodations, and how those accommodations affect the accommodated employees’ relationships with their coworkers.

Proportionality in health research regulation can, at its broadest level, be understood as an attempt to balance two considerations that sometimes compete: the protection of individuals affected by research – especially, but not limited to, human subjects – and the promotion of socially valuable research. This chapter will explore the concept of proportionality through three sections: first, a clarification on what I mean by proportionality in this context and why it is important; second, an exploration of how particularly challenging it is to assess proportionality; and third, a proposal for a procedural approach to proportionality that may assist with those challenges. In particular, I will propose that adopting a facilitative attitude, undertaking rigorous justification, ensuring transparency and engaging with relevant stakeholders may be effective procedural means of overcoming the challenges of proportionality.